18 U.S.C. § 653 — Disbursing officer misusing public funds

Whoever, being a disbursing officer of the United States, or any department or agency thereof, or a person acting as such, in any manner converts to his own use, or loans with or without interest, or deposits in any place or in any manner, except as authorized by law, any public money intrusted to him; or, for any purpose not prescribed by law, withdraws from the Treasury or any authorized depositary, or transfers, or applies, any portion of the public money intrusted to him, is guilty of embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 728 ; Pub. L. 103–322, title XXXIII, § 330016(1)(H) , (2)(G), Sept. 13, 1994 , 108 Stat. 2147 , 2148; Pub. L. 104–294, title VI, § 606(a) , Oct. 11, 1996 , 110 Stat. 3511 .) Historical and Revision Notes Based on title 18, U.S.C., 1940 ed., § 173 (Mar. 4, 1909, ch. 321, § 87, 35 Stat. 1105 ; May 29, 1920, ch. 214, § 1, 41 Stat. 654 ). Words “or any department or agency thereof,” were inserted after “United States” so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title .) The smaller punishment for an offense involving $100 or less was added. (See reviser’s note under sections 641 , 645 of this title.) Minor changes were made in phraseology. Editorial Notes Amendments 1996— Pub. L. 104–294 substituted “$1,000” for “$100”. 1994— Pub. L. 103–322, § 330016(2)(G) , substituted “shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned” for “shall be fined not more than the amount embezzled or imprisoned”. Pub. L. 103–322, § 330016(1)(H) , substituted “fined under this title” for “fined not more than $1,000” after “he shall be”.

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